State v. Lowe, 80-1149
| Decision Date | 13 May 1981 |
| Docket Number | No. 80-1149,80-1149 |
| Citation | 398 So.2d 962 |
| Parties | STATE of Florida, Appellant, v. Danny Lee LOWE, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellant.
Donald A. Wich, Jr., of Sullivan, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellee.
The State seeks reversal of an order dismissing all three counts of an indictment and discharging appellee as a sanction for discovery violations.
On July 31, 1979, Danny Lee Lowe, a juvenile, was arrested on charges of sexual battery, armed robbery, and breaking and entering. No certification hearing having been held within 21 days, the State nolle prossed the case and obtained a grand jury indictment containing the identical charges.
Without detailing all of the motions to compel discovery, orders thereon, and rules to show cause for the State's failure to comply with the discovery rules, suffice to say that the Broward County Sheriff's office simply did not measure up to its obligations to furnish discovery pursuant to either the Rules of Criminal Procedure or the Court's orders in this case. As a result the trial judge elected to invoke the ultimate sanction for such recalcitrance and discharged Lowe from all pending charges.
The sanctions to be invoked for failure of a party 1 to comply with discovery is a matter within the sound judicial discretion of the trial judge, and it is only with the utmost reluctance that we interfere with that exercise of discretion. However, dismissal of serious criminal charges or discharge of a defendant in a criminal case is an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists. See, e. g., State v. Perez, 383 So.2d 923 (Fla. 2d DCA 1980). In this case, Lowe had finally obtained the material he sought, albeit right on the eve of trial. 2 At least three weeks remained before the speedy trial time expired and the State suggested to the trial judge that the defendant be granted a continuance of three weeks so as to fully acquaint himself with the newly obtained materials. The trial judge refused to grant the suggested continuance and therein we feel he abused his discretion. The only possible problem which could have been engendered by granting the continuance was a docket problem in reaching the case three weeks from the previously scheduled...
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State v. Martin
...of such magnitude that resort to such a sanction should only be had when no viable alternative exists" ’)(quoting State v. Lowe, 398 So.2d 962, 963 (Fla. 4th DCA 1981) ). Before a court can dismiss an information for a prosecutor's violation of a discovery rule or order, the trial court mus......
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State v. Del Gaudio
...trial court, see Richardson v. State, 246 So.2d 771 (Fla.1971); McDonnough v. State, 402 So.2d 1233 (Fla. 5th DCA 1981); State v. Lowe, 398 So.2d 962 (Fla. 4th DCA 1981); accord, United States v. Bockius, 564 F.2d 1193 (5th Cir.1977) , 2 the appellate court may determine whether this discre......
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State v. Moore
...of such magnitude that resort to such a sanction should only be had when no viable alternative exists"') (quoting State v. Lowe, 398 So.2d 962, 963 (Fla. 4th DCA 1981)). Before a court can dismiss an information for a prosecutor's violation of a discovery rule or order, the trial court must......
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State v. Fortesa-Ruiz
...So.2d 20 (Fla. 3d DCA 1989); State v. Del Gaudio, 445 So.2d 605 (Fla. 3d DCA), review denied, 453 So.2d 45 (Fla.1984); State v. Lowe, 398 So.2d 962 (Fla. 4th DCA 1981). There were several alternatives available to the court other than granting the motion to suppress. The court could have he......